Karel Rall and Thomas K. Rall v. Devora Cohen, M.D., Teri Kunin-Rida, M.D., Roger Weinhouse, M.D., Santa Monica Hospital Medical Center
Published: Jan. 1, 2000 | Result Date: Jul. 4, 1999 | Filing Date: Jan. 1, 1900 |Case number: SC041832 Verdict – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Martin L. Stanley
(Law Office of Martin L. Stanley)
Defendant
Robert C. Reback
(Reback, McAndrews & Blessey LLP)
Experts
Plaintiff
Albert Lewis
(medical)
Colin M. Bloor
(medical)
Donald Tashkin
(medical)
Eric Leibovich
(medical)
Yuri R. Parisky M.D.
(medical)
Defendant
Thomas W. Broderick
(medical)
Richard A. Johnson
(medical)
Robert A. Siegel
(O'Melveny & Myers LLP)
(medical)
Jay N. Schapira M.D.
(medical)
Thomas T. Anderson
(medical)
Michael E. Fishbein
(medical)
Facts
On Feb. 11, 1995, the decedent, a 20-year-old university student with a history of non-progressive muscular dystrophy, presented to defendant Devora Cohen, M.D. complaining of one week of diarrhea with no bleeding, tachypnea (rapid breathing) and afebrile (no fever). He indicated that he had suffered from a productive cough and fever three weeks before, and had been treated with Amoxicillin. Dr. Cohen ordered, and the decedent submitted to, a chest x-ray. The following day, the decedent returned to Dr. Cohen's office with increased tachypnea, increased abdominal distention and persistent diarrhea. He indicated that the had had no urine output for 12 hours and suffered from non-productive cough, abdominal cramping and dizziness. He was admitted to defendant Santa Monica Hospital. At the time of his admission, his vital signs were normal, his lungs demonstrated bilateral crackles and dullness to percussion, his abdomen was tympanic to percussion and his cardiac exam was normal. Left lower lobe pneumonia was noted on X-rays taken at the hospital, and the decedent's heart size was reported to be at the upper limits of normal. The decedent was treated for apparent pneumonia, dehydration and diarrhea. The defendants thought the decedent's dizziness and decreased urine output was due to dehydration. The decedent was given fluids. In the afternoon of the decedent's second day in the hospital, he developed respiratory distress followed by cardiorespiratory arrest from which he was resuscitated. The decedent evidenced upper-body venous congestion and electromechanical dissociation, with cardiac tamponade suspected. A chest X-ray showed a large globular heart with no definite venous congestion. After some delay caused by the family's resistance to the defendants' recommended procedure, a thoracotomy was performed. The defendants drained approximately 200 ccs of fluid under pressure. Visual inspection revealed an enlarged hypokinetic heart with both right and left ventricular enlargement. The decedent remained in a decreased neurological status on mechanical ventilation and reduced heart rate. A no code order was initiated, and the decedent died. The decedent's parents brought this action against Dr. Cohen, Santa Monica Hospital Medical Center and its resident and a radiologist based on professional negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $249,999. The defendants made a C.C.P. º998 offer of compromise for a waiver of costs and their malicious prosecution claim.
Damages
The plaintiffs claimed $250,000 general damages per MICRA.
Injuries
The plaintiffs claimed loss of a 20-year old son.
Other Information
The plaintiffs moved for new trial on the grounds that one of the jurors disclosed during deliberations that had a child family member that had died from cardiomegaly and that a doctor could not diagnose such conditions. The motion was denied. EXPERT TESTIMONY: Two of the defendants' experts, Dr. Michael Fishbein and Robert Siegel, had written a definitive article on Emery-Dreifuss Syndrome and life expectancy and survivability. They testified that the decedent was empirically unlikely to receive a heart transplant. They also testified that Emery-Dreifuss is rare and frequently missed by neurologists and pediatricians; and that the cardiomegaly complication can go undetected, except where telltale physical impairments are known and recognized in a timely fashion. The verdict was reached approximately three years and four months after the case was filed.
Deliberation
five days
Poll
11-1 (hospital), 10-2 (Dr. Weinouse not liable), 9-3 (Dr. Cohen not liable)
Length
14 days
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